What is RRRI? How does it get Pennsylvania prisoners out of jail early, without seeing the parole board?

Recidivism Risk Reduction Incentive (RRRI) (pronounced triple R I) is a new sentencing program that gives mostly non-violent offenders an opportunity to get out of jail early, without meeting Pennsylvania’s parole board (which is notoriously slow and problematic) if they comply with a host of requirements.

If you have any prior history or open cases involving violent crimes, including personal injury crimes, sex crimes, and Megan’s Law offenses, you are ineligible as a a matter of law, unless your attorney can convince the District Attorney to waive the ineligibility. The program is agreed to at the time of sentencing, and requires that you serve a state sentence and be supervised by the Pennsylvania Department of Corrections.

If you are deemed RRRI eligible by your trial judge, you get past classification and go to your base state correctional institution, you will be given a list of classes and tasks to perform to become a RRRI candidate. If you do these things, you will be eligible at your RRRI parole date.

The benefit is that you will be paroled much earlier than you would if you were not serving a RRRI sentence. If you receive a sentence of 3-6 years or less, your RRRI minimum will be 3/4 the value of your minimum. If your sentence is greater than 3-6 years, your RRRI minimum will be 5/6 of your minimum. Not only are you eligible to be paroled to the street earlier this way, but you will be “presumptively paroled” on that date. This means that you don’t have to wait for the parole board to get around to see you (which can happen months after your eligibility date) nor risk that they won’t parole you once they finally so see you (a fate that is very common).

The effect of the RRRI program is that a prisoner sentenced to 3-6 years in a state correctional institution, who previously might have served 39 months or much more, will now be automatically paroled at 27 months, for a discount of a year or more of his life.

124 comments:

My fiance caught a case on may 22, 2008. He was found with 499 grams of cocaine and there was two firearms found in his apartment. One firearm was legally under his name and the other firearm was not his. But because it was in his apt he was charged with having a firearm. This was my fiances first offense. He never committed a crime with a firearm. His crime was not a violent crime. Yet they denied him the Triple R.I. I don’t understand why. A firearm was found but not in his person. He was very cooperative with police. Gave them no problems. Why is he not eligible for this program?

My son received RRRI but was classsified. He has done 3/4 of his sentence as of this week. He had a parole hearing in October and was told he would hear something in 4 – 8 weeks. We still are waiting. I called the inmate inquiry and they told me he was a “violent” offender. If he is how could he be eligible for RRRI? He has done all the classes required of him. He has served 23 months, it is time for him to come home.

My boyfriend was given RRRI during sentencing. He went to camp hill, then to his home jail. He asked a counselor about the status/progress concerning the RRRI. His counselor then responded back saying that he didn’t Have RRRI. He showed the paperwork saying he did. Could that be a mistake or could the judge have taken it away? What should he do?

If the knife was considered a deadly weapon, which is likely, then he is likely not eligible for RRRI. You should submit the paperwork from NJ to a qualified Pennsylvania Lawyer for review to determine whether he is eligible or not.

My boyfriend was sentenced to 15-30 months. The judge stated that he may not be eligible for RRRI because of a weapons charge in the state of New Jersey. The weapons charge was a class 4 felony, possession of a knife, does that make him ineligible?

My fiancé was issued a 3/10 sentence in a state correctional facility in Pennsylvania, he has drug charges. He had no weapons and when I looked up his court summary it said rrri ineligible, could that be changed? He served 8 months so far and is taking classes and learning a trade. If he becomes rrri eligible when would he be up for parole?

You will need to have an attorney review the sentence sheet and affidavit of probable cause to determine why he was ineligible and if a mistake was made. If a mistake was made then it is possible that this is an illegal sentence, which is not waivable. That would mean that even though you are past the appeal deadline it can still be raised. Remember there is a one year deadline to file a PCRA as well. Good luck. Steve

if a person already had there sentencing can they still get RRRI? I think this is a great program and hopefully the programs they are required to do are hard programs for them to complete and want to change as a mental health tech I think this is wonderful for non violent offenders. But if already sentenced and they didn’t bring this up at court there should be a way for them to be able to still get the benefit.

I don’t think you can get RRRI unless the sentencing Judge specifies eligibility on the Order. The good news is that if someone was eligible and it was not done you could probably get relief through appeal or PCRA since an issue pertaining to the legality of sentencing is never waived. Contact us if you want to go over the details of your case.

My daughter’s father received a mandatory 5 year sentence for drug possession with the intent to deliver (marijuana) and possession of a firearm (bb gun that police say were found on top of the marijuana). He has already served over 2 yrs. At this point, is there anything that can be done to see if the district attorney would wave the eligibility requirement for him to become eligible? He’s also being told about something called “good-time” were a certain amount of time is knocked of a sentence for each year the person completes as long as they maintain good behavior. Do you know anything about this?
Thanks for your help!

Unfortunately it is not likely that anyone can help you on either count. The RRRI sentence must be imposed at the time of sentencing. If a defendant is not given RRRI even though he is entitled to it then it becomes an illegal sentence which can be challenged at any time, but if the DA did not have to agree then it is not an illegal sentence. The only possible solution here would be to try to get the DA to agree to it after the fact, which is unlikely enough that I would not want to take your money to attempt that absent some strongly compelling circumstance. In Montgomery County and Bucks County, where I do most of my work, you can get good time on a county sentence. I am not familiar with a “good time” program (other than RRRI) in state prison.

So my fiance was released to a halfway house and endd up leaving before he was released. He has been on the run for almost 5 yrs and was just picked up on an outstanding misdamenor warrent in a different state. They are extraditing him back to pennsylvania. His original charges were non violent. Would he be eligible for RRRI going back in?

My girlfriend got 15 to 36 mnths and RRRI eligible in 9mos. She got into a fight but it was foiund that the fight was not her fault but her RRRI date was 12/26/12 but since she was in the hole he couldn’t get out on that date she has to see the parole board now because she missed her date…she has to get one vote for parole. what is the chances she will be released? it was said that she didn’t actually loose her date but the board could give her a hit for the fight even though it was shown not her fault on the tape. I want to know what to expect. cn she have on offense on the program?

RRRI can result in presumptive parole, but it does not absolve the inmate for any bad conduct while in prison. Imagine the inmate murders another inmate during incarceration – they are not going to let her go at her RRRI date. Where someone is in the hole at the presumptive release date she will not be released and release will likely be delayed a period of months, though there is no set time frame.

Hello, I came across this website and was pleasantly surprised to see some great information. I thought I would inquire more info considering I am experiencing the same circumstances. My boyfriend is currently serving a 5-10 sentence for drug possession and intent to deliver. It is considered a non violent crime and he tells me he is eligible for triple RI. He already served 28 months. When is he eligible for
this program? And, is there any new programs or incentives he may be offered since he is a nonviolent offender and is an honor block inmate with no bad behavior and first time offender? Thank you for your time

If he is otherwise eligible for RRRI then he should file a PCRA (late) arguing that he was given an illegal sentence. If he got a five year mandatory based on weight or a gun then he is likely not eligible, but otherwise, depending on any prior record, he probably is eligible. You don’t get RRRI unless it gets marked on the sentence sheet at the time of sentencing. Good luck. Steve

If someone is sentenced to 3 -6 years in Pa and already have time served of 2 to 3 months, are eligible for RRI, do you think the SIP program is a better choice to try for? The 3 to 6 years is from 2 county charges that are going to be served concurrent.

I wish we had retained you. I asked both his lawyers several times and one said he had not been offered it, the other didn’t even know what it was at first. This is his first and last offence, nonviolent marijuana offence but the weight was above 10 lbs in each county so he was looking at 2 different counties with a mandatory of 3 years each. The lawyers just kept saying that 3 years was the mandatory and the fact that he can serve them together was the best they could do. The first lawyer talked him into accepting a guilty plea deal at the first preliminary and the second said his hands were tied from that. I watched a court for the entire day and the judge pretty much agreed with every deal that was put forth from the prosecution. So now being in this so close I realize its all about how the lawyer handles it. After he is not state property )maybe sooner) I am going to be the biggest activist against min. Mandatory for marijuana and the “true to sentencing” bill Gov. Corbett applied. It seems there is no forgiveness for first time non violent offence other than the RRRI. In NY this would have been 9mos. From the gravity score,maybe even parole. I will definately recommend you to anyone I can. You seem to be one lawyer that knows the law. I wish I found you $20,000 and 3 months ago.

My son was authorized RRRI by the judge as part of his 1-5 yr. sentence for DUI. He has successfully completed the RRRI program, has been a model prisoner and has gotten in absolutely no trouble. 3/4th of his minimum sentence has expired, yet nobody has said anything about his release. Shouldn’t he be getting released after 3/4 of his sentence has been completed? And shouldn’t he be able to bypass the parole board? Seems they aren’t following the rules.

That is the problem with any of the prison programs. They often have final say in how or why something is implemented or not, so there is no consistency. For instance, I have seen that the SIP program suggests that you do 7 months in prison before being released to a half-way house, but often the inmate sits for months before starting the 7 month portion of the sentence, which effectively lengthens the 7 month incarceration. You may want to hire a lawyer to investigate why your son has not been released, or perhaps contact the parole agent, the prison, or the Pennsylvania Commission on Sentencing to see if anyone can explain why this is happening. Steve

My fiance is awaiting sentencing and we are trying to determine if he will be eligible for RRRI; however we have been unsuccessful in determining if he is indeed. He pleaded guilty to possession of cocaine and possession with intent to deliver of an amount all together of 171 grams; however he was indicted in the past for possession of firearms and to me I don’t believe it is considered a violent crime as it wasn’t with deadly force but I am not certain as the information I have been seeing online is not concrete. I hope you can help me or point me in a direction where I can find out, anything will help. Thanks!

The possession of firearms charge makes him clearly ineligible – it does not have to be a violent crime if he was convicted of any offense under the Uniform Firearms Act. You should have a good lawyer in your jurisdiction render an opinion on whether the DA might agree to waive the disabling offense and whether DOC will honor that waiver or not.

Hello I am still trying to get a clear a clear understanding on my boyfriend’s sentence. He was sentenced to 5-10 but RRRI eligibility. I called to ask his counselor about the program. He said the judge who sentenced him has nothing to do with the final decision if he’s accepted or not. But im confused on how much time this program takes off his sentence. Maybe you could tell me how much of his sentence he has to complete with the RRRI program.

The answer to this one is actually contained in the blog post above – an inmate who gets a minimum sentence of 3 years or less is supposed to be presumptively paroled at 75% of the minimum sentence (the lower of the two numbers in the sentence). An inmate sentenced to more than 3 years for the minimum component of the sentence must serve 5/6 of that time before presumptive parole.

hello, I don’t quite understand how the program works… If a prisoner is sentenced to a min of one year with RRRI making the new min 9 mos, and has approx. 4 mos time served at the county level will that go towards the one year min, or would the time not actually start until moved to the state prison? Any help would be greatly appreciated!

The four months time-served prior to sentencing is deducted from the RRRI sentence, meaning that the inmate is eligible for presumptive parole after 5 more months under your scenario (total of 9 months in jail). If the terms of RRRI are not complied with then he is eligible for parole after completing the one year minimum (8 months after sentencing). Hope this helps. Steve

I think the confusion lies with the fact that pre-sentence time does not count for the SIP program. Further, all of the RRRI programs have to be completed before release, so if someone does not have sufficient time in state prison to complete them then he won’t be released at his RRRI minimum.

One final comment – I contacted the Pennsylvania Commission on Sentencing and learned that the programs are long enough that inmates should plan on having about a year to complete them. Inmates who enter state prison with less than a year to serve on RRRI sentences tend not to finish in time to be released at the RRRI minimum.

Hi my fiance is currently in jail his sentence is 9 months to 3 years his sentencing judge gave him the triple ri program he has been in for almost 5 months he is in his home jail an his minimum is june 4th. He wrote me a letter saying he won’t see parole board until August an in his state case it says nothing of the triple ri program why is this an why does he have to wait till August

My son was sentenced with the triple R-I DEC 29 2012 1 to 4 years it’s now May 4th and he still has not see parole and is still at the classification Prison he has been classified for sometime now. He’s volunteers for what ever he could and finally gotten a tear working job. making no cense to could you please help me understand what happening

There could be lots of other factors at work here – read through the earlier postings about the delays in getting into the programming, whether he spent all his time in state prison or some in the county, how long of a delay in his sentencing, and whether he has any misconducts. For more specific information pertaining to him you would have to call the prison yourself or hire us to do it. Thanks, Steve

My boyfriend just got.sentenced 1/3yrs,on a county parole violation .he is eligible For rrri and has 8 1/2 months in county.he.hasnt got shipped To.gratorsford yet but is waiting.will he.move.from there or get classified there To.get.released.also all this talk about summaries not.reading the.same as First.stated is scaring me.so he totally bypasses the.po board? And just.gets a date.

Unfortunately I have no clear guidance on this at this time, but I can tell you that you are not likely to be paroled early. It typically takes about a year to complete the required programs, so you may get no benefit from RRRI under your circumstances.

I had spoke To you before on here but another question.today is mt boyfriends min.sent of a 1/3 but he has not.gottn moved To gratorsford yet,do you know why.that would be ? on the 13 th will be.a month since sentencing.could he.possibly get paroled from county jail on a state sent without goin upstate since its already the min today? Thank you

I’m not sure what you mean by a minimum sentence of 1/3? If it’s only been a month since sentencing it is hard to believe that he will be paroled without going upstate. I imagine you are indicating that he got sentenced to 1-3 years in the state, one month ago, with 11 months credit for time-served. Thus he is now eligible for parole but has not completed any state programs. It is not clear whether he was approved for RRRI or SIP, although even if he was those programs would not help since he did not complete them. You may want to call us at 215-997-1000 with further details for a better answer.

Hi i had posted before,my boyfriend jut got moved To.gratorsford last week.he has a 1 To 3 sent.with rrri.his min was june 6,but left county on the.13.im being told since his crime is non violent and the jails being over crowded that it will be soon.how.long can they.take To classify someone if their min. Is.already.expired also rhey want him.To.do victims awareness class.he was aldo.told he might.be able ro do.it from.home?? Very

confused .i. Call the jail but they have no awnser For me.i did check with them and his sum.does say.he is rrri eligable.any help?? Thanks

Hi, I just came across your website. Very interesting info. My Fiance was sentenced in Bucks County Prison on 5/8/2013 for possesion of crack cocaine with intent to sell. He took a 1yr deal with RRRI and time served (2 1/2months) at the county. No priors. When he was sent up state in 06/2013. He was quickly certified at Graterford then moved to Camphill and then moved again to his home prison. He would hear talks about him needing to serve the remaining nine months up state before he’s eliglable for parole. Which would extend his time past assumed release date, sometime this Dec. He received a letter from the PB stating his hearing is schedule in Nov 2013. I’ve been reading about the parole process, and my calculations is telling me he may not be released this yr. Is there some truth to the rumors?

Yes. While prison regulations can change at any time, right now it requires well over 6 months to complete the RRRI program, which is a prerequisite to release. Since he will have only been in the state system for 6 months at year’s end I don’t believe he will be released then. Steve

That doesn’t fit with the information given out by the Pennsylvania Commission on Sentencing, which suggests that programs must be completed while in state prison, not the county, to be released at the RRRI minimum.

I have look over all replies and the rrri program does not sound to promising my son only has10 months left and is still in the county is there any way he can just stay there he was just sentenced on oct 1st in Montgomery county he still has to go to court in Chester county for probation violation

Assuming he got a state sentence he is probably best off serving his sentence in the state system as he will need to complete programs to be paroled early or on time and has no access to those programs in the county prison. You should hire a lawyer so that you are getting advice from someone who knows all of the circumstances of his case and sentence to ensure that you get sound, accurate advice.

Thank you. I also was just told that just because the DA and judge made him eligible that doesn’t mean DOC will? It’s the only reason he took a plea. But it was gun charges for person not to possess so if it it up to DOC won’t that make him unelligible to actually be RRRI?

Yes, you should always be told that any decision in court about RRRI is still subject to the DOC approving it. For instance, even if made eligible, if there is no room in the program someone can be delayed entry into the program which can lengthen a shorter sentence of a year or so.

My husband was sentenced to 18 months to 5 years, he has been in for a year on december 13th 2013 and he has RRRI they are saying that his RRRI date is september 2014. Is that about right? And what do you mean presumptively paroled? Can you please email me

I assume he sat in county for many months before going to the state? RRRI would shave time off the 18 month minimum, but they gave you a date longer than 18 months. This would make sense if he did 6 months in the county as it generally takes roughly a year of time in the state to be able to get out on RRRI.

Normally a state inmate has to meet his minimum and then wait to see the parole board, often months after his minimum, to get paroled. Presumptive parole means they can let him go without seeing the parole board, though that presumption can be overcome if he has a record of bad behavior at the prison.

My husband was just sentenced to 9 to 30 years for drug chargers in centre county but was told he was ineligibly for TTTI because of a simple assault 20 years ago. Is this so or is there something that can be done? Will DOC do their own evaluation of him when he gets there? Do you know of any other programs that are on the rise?

Hi, my son was sentenced 2-4 elegible at 18 months RRRI. He spent in the county prison 13 months which he got credited for. He has to do some classes in prison. He was sentenced for drugs, he has his High School Diploma. Do you know what classes and how long are they ao he can get out ?. He still in the county and he is saying he is going to Camp Hill then to his home jail. Is there anyway that Camp Hill is his home jail. I mean if he has to wait until he gets classified to get to his home jail to start the classes, won’t he spend more than his remainder of his sentence ?. If his elegible for the RRRI at 18 he like 5 more months but I read he will have to do at least a year ?.

Steven I just read that he will pass classification and go straight to start the classes to his based correctional institution, which I am thinking means, home jail. I ask again, could it be that Camp Hill could be his home jail since he doesn’t have too much time to do ? or he will end up doing a year to finish the classes. Thanks

My guess is that RRRI will do him very little if any good on this sentence as he will not be eligible for the RRRI presumptive minimum until after he would normally be paroled anyhow because he will not be able to finish the classes that are a prerequisite for presumptive parole in the five months he has left until his RRRI minimum.

Camp Hill could be his home institution (it serves as a both a classification center and a home institution) but even if that is designated his home institution it will likely take a year to get into and finish the classes. He will be eligible for normal parole a month before that.

My friend was given 14m-5yrs and was told she is RRRI eligible meaning her min is 10.5 months. She was sentenced beginning of January and is still sitting in county at this point, and doesn’t know when she will be moved to state or if she even will be. From what I have read if she doesn’t move to state in the next week she won’t get out at the 10.5 month mark because she won’t have completed the classes required. Is that correct? Or am I miss understanding what I have been reading?

Yes, she needs to get to state prison as soon as possible or she will not be likely to be released at her RRRI minimum since she won’t have enough time to complete the state prison programs that are a prerequisite to being paroled at the RRRI minimum.

Thanks for your respose. But will he be classified or go straight to a home prison ?. And if he is elegible for parole a month before that, meaning at 11 months, right ?. Then, he has to see the parole board and still have to wait for the process, with green papers etc. and will he have to go to a halfways house ? Thanks.

He will be classified first, although the prison where he is classified could end up being his home prison. If he is not paroled via the RRRI program then he would have to see the board. If he completes the programs before he sees the board then he should be presumptively paroled (won’t have to see the board). For all of you reading, if anything changes please let us know. This system is constantly changes and it would help if those who have loved ones in the program share their experiences here so that others will know what to expect. Particularly, how long did it take to complete the programs once the person got to the classification or home SCI?

Steve, one more thing. My son stil in the county, in the beginning of the next month he will have 14 months already in. So if he is not going to be released until he do at least a year, and in 8 months would be his minimum parole time. Isn’t it better to take his parole minimum ?. Does it work like that, because if at 14 another year is added them the RRRI is not doing him any good to get realease earlier. Am I making any sense ?

I don’t think RRRI will block him from the normal parole process. If he does not get paroled at his RRRI minimum then I think they will consider him for normal parole at the time they normally would. If he gets RRRI parole before that then it becomes moot.

Steve, my bad, I misinterpreted “you get past classifications and go to your base state corectional institution” as if it meant to bypass it. . So much for knowing two languages. lol !
I will share what happens with the RRRI, how long it took, how long to release, etc. I love your site, you are a lot of help and the least I can do is share. Thanks again.

Hello. My friend was sentenced to 18-60 months for a parole violation on April 1 2013. In 2008 he plead guilty to 55 felony counts of defrauding State Medicaid. He received 5 years probation and was compelled to make full restitution. He missed 27 out of a possible 60 payments. He filled RRRI on 1/27/2014. Is this a waste of time, as at no time was RRRI included in any of his legal proceedings? Thanks

Yes, I think you can only get RRRI if the sentencing judge orders it at the time of sentencing. However, if the attorney should have requested RRRI and did not it may be an illegal sentence for which he could get relief.

Question: friend of mine violated parole with a drug charge. In his sentence order it says 3-6 years and triple Ri eligible. He did 5 months in county and was just transferred to camp hill. When will he know if they are indeed putting him in the triple RI program? Also his original county on his charge years ago (reason he was on parole) was york but now his new charge is adams county but on the camp hill record it has his offending county listed as york, why? Does that mean they are going to make him finish out his old sentence (3-6 and was released after 3) plus his new sentence??? Would that be in his sentencing order cuz I read it and it said nothing about making up his parole violation time… So from what I read if he completes his program by 27 months (well 22 months now) then he wouldn’t have to see the parole board???

He is eligible for RRRI parole and just needs to complete the various programs that are required for that. He should ask his counselor at the prison specifically what programs he needs or hire a lawyer to inquire of the PA sentencing commission or SCI counsel. I have no idea why the offending county designation would have changed. I would have to see his sentence sheet to answer your question about his old sentence, but it sounds like you may have already answered that yourself. If he completes all RRRI requirements then he will not need to see the parole board. Finally, with regard to the second question you submitted, no one deleted your question – it just take a few hours to go live on our website. Best of luck. Steve

Thank you very much for responding. When you say I answered my own question…what’s the answer??? That if it doesn’t say anything about serving his lost time in the sentencing order then that’s not what’s occurring. I can email you his sentencing order because I do have it. I can pay whatever fee for you to read it even though it’s pretty basic. It states that he has 3-6 and his two charges are concurrent and then states he is triple RI eligible

I’m thinking that if he had to do time on the parole violation as in complete his last sentence back in 2008 it would have said on the sentencing order the remainder of the sentence which would be 3 years then plus the 3-6 and say they were concurrent or consecutive. It didn’t mention that so am I right to assume it’s just a solid 3-6 (with the triple RI as well added)

My husbands RRI date has come and gone February 27, 2014 was supppose to be his release date for RRRI. HE has not recieved any writre up or has not had any problems since being incarserated. Dont they have to let him out on his RRRI date ??

Is there any success stories about the RRRI program. My husband got RRRI in September. He only spent 11 days in the county then spent two weeks at Western then off to Camp Hill where he was there maybe 6 weeks tops. Once he got to his home jail he then was put right into his TC program. He saw the parole board about two weeks ago. It seems like they are really trying to get him out at his RRRI min in June but afraid to get my hopes up. Have you heard of them moving this fast and also has anyone got out at their RRRI min that you know of?????

Some people have gotten out at their minimum and others have not. It is toughest with the shorter sentences, as you will see if you read through all the comments here. No one can tell you for sure in advance, at least not at this point.

Yes I read through the other comments and it really makes my head hurt. But it would have to be a good sign that he is almost done with the tc program and his min is just around the corner I would think. Only time will tell. Thanks for your comment!!!!

I was just sentenced in York pa for 21-42 months state time and the judge wrote that I was rrri eligible in 15 months and 22 days… although my crime was theft and I do have psychological issues I was diagnosed with bi-polar and borderline personality disorder … I do not have a drug or alcohol problem but my addiction was the need to have money so I can feel in control… I have read a lot of misleading things about the rrri program and don’t want to mislead my children on the notion that I will be home in 15 months … can you tell me how this will really work… I have to report to the YCP on 4/2

If you don’t have any time in prison yet then I think you have plenty of time to complete the necessary programs before your RRRI minimum. Just make sure you have good conduct, promptly complete all necessary programs, and get to SCI as quickly as possible. Best of luck. Steve

My nephew was charged with 2 counts of burglary. He has had pled guilty to burglary twice before (once in NJ and once in PA, both businesses). This time the charges were for home burglaries, no person present. From what I have read, he would be eligible for RRRI. The public defender says burglary is “on the list of ineligible offenses” for the RRRI program. This is a direct contradiction to the Q&A section of the department of corrections website which states {Q. Why is burglary RRRI eligible if burglary is a crime of violence as defined in 9714 of the Sentencing Code and by case law in death penalty litigation? (CW vs. Rios and CW vs. Pruitt)
A. That’s a good question. I think the burglary itself is an eligible offense, although burglary with a house person present is a crime of violence under “Three Strikes” so just that one category of burglary is considered a crime of violence. The Victims Bill of Rights under personal injury crime does not include burglary.} I believe the public defender and the Judge who sentenced him are wrong. In your opinion, would he be eligible for the RRRI program? Thank you.

If he already has counsel then I am not in a position to second-guess what he is telling you, although I would suggest confronting him with your question in writing and seeing if perhaps the response changes. Best of luck. Steve

I did put in writing. I faxed the above to the public defender’s office and asked them to file the motion for reconsideration, as my nephew asked them to do. They refused. So where do I turn if the sentence was incorrect (by stating his is not RRRI eligible) and the person appointed by the court is unwilling to help it be corrected? Thank you.

I can think of several choices. Start by calling the Chief Public Defender and asking for help. You only have ten days from sentencing to ask for reconsideration, so don’t delay. Second, if that doesn’t work, hire a private attorney to try to fix any mistake. Third, if you can’t afford a private attorney, have your nephew file an appeal or PCRA, depending on the issues he has and the time that has passed, alleging that it is a matter of record that he was eligible for RRRI but was not given it, and requesting appointment of new counsel. New counsel should be able to verify whether he was entitled to RRRI or not.

my fiance is in sci cambridge springs as cpv. her months street time was revoked and she is serving out her time. she recieved the new charges of dui/reap 2-24 months. her parole date for revocation is 11-7-2014. doc is saying that she has to roll to new number before entering the tc program or seeing parole bout new charges. how can that be since program is 4 months and her min is 2 months.also since her sentence is only 2 months when do you believe she will see parole for new charges, shouldnt it be 3-4 months prior to her min?

My niece broke her probation and the judge revoked her d&a rip.He sentenced her to 2 1/2-5 yrs credit for time served. RRRI eligible at 22 1/2 months. Can she get out sooner under boot camp? Or does she need to do 22 1/2 months first before becoming eligible? I think she has almost a year for time served. Does that make a difference?

She is only eligible for Boot Camp if the Judge made her eligible for Boot Camp on the sentence sheet. I think she will have to do another 10 1/2 months if she had a year in, so she should be sure she is enrolled in all programs necessary for RRRI immediately or that will hold up her release.

Her original sentence was in 2008 and she has been in and out of county jail a couple of times. Does that time count too? Or is her total time since 2008 together on her docket sheet?
I want to thank you very much for you answering my questions!

Her original sentence and previous violation sentences don’t matter except for the fact that her current maximum exposure is reduced by the time she has already spent in jail (so if she got 2 1/2-5 and has already spent a total of 4 years in jail the longest possible sentence is 1 year of back time – this analysis changes if there are any probationary sentences, for which she can get the maximum sentence that applies to the charge, which can be well in excess of the period of time of probation).

I don’t handle many state parole cases since there generally is not much an attorney can do in those, so I can’t answer that part of your question. However, it is not uncommon for a state inmate to be otherwise eligible for release, but still not get released, because he or she has not been in long enough to complete a program that is a prerequisite for release.

My husband was sentenced to 18 to 36 months for possession with intent and communication he was sentenced September 9 and is still in the county he is also RRR I eligible. Could you tell me how much time he would have to complete before being released I have no idea how much of his minimum does he do? How many months? So confused…

The Judge is supposed to include the calculation in the sentencing Order so your attorney should be able to tell you the exact amount of time that was calculated in the Order. Assuming that he just went to prison in September, and does not have previous time served on this case, I would expect that he will be transferred to an SCI soon and get out at his RRRI minimum date. Just tell him to make sure he completes all of the programs required to be paroled on RRRI. There is a waitlist at many institutions.

The timing of parole from county sentences varies from county to county. In the state system it varies depending upon the sentence imposed. Normally an inmate cannot be released until serving the entire minimum, although he might be released to a halfway house before that time (because that is not considered a release to parole). If someone is made eligible for RRRI then that person can be released without seeing the parole board at the specific time calculated by the Judge and entered on the sentencing Order, assuming all necessary programs have been completed and prison misconduct does not prevent it.

My boyfriend was sentanced two days ago. He would have gotten 21- (48 i think) they said he was rrri eligible and since he is his minimum sentance would be 15 3/4 months..is that the earliest he can get out? Or could he come home sooner?

The projected release date they quoted is for the minimum without RRRI. Call the counselor and explain the situation but if that doesn’t work you need to get a lawyer involved. Call us – we just had this situation and got it fixed. Steve Fairlie

Read the article that started all these posts and then you will have a better idea of what RRRI is. RRRI is early parole – there is not another that you can apply for, unless perhaps he is boot camp eligible – then you can ask his counselor to help him apply for that through the prison even if the Judge did not order it.

Good Afternoon~ I was wondering if you could help me understand a few things. My nephew was sentenced for 2-4 years with boot camp eligible and also RRRI program if he gets in to boot camp and can not complete it. He was ordered to serve 6 months in state prison before he can go to boot camp. They have been told at camp hill that they are extremely backed up and the waiting list for boot camp is a minimum of 9 months. Is there anything that can be done, I know that the system is not fair, but it does not seem right that someone is sentenced to something but will be in there twice as long because it is overcrowded. Is there anything that can be done or it is what it is? This is all so confusing it just does not seem right that someone has no choice but to sit there for over a year waiting for boot camp when they should have only been waiting for a few months. Do you know anything about Quehanna Boot camp? Who determines who is on the list to go? Is there anything that can be done? I appreciate your insight!!!

Sometimes it makes sense to have a lawyer review everything and look for the potential problems. For instance, if he plans to pursue RRRI then he must make sure he gets into the proper programs and completes them as soon as he possibly can. However, in many cases there is nothing more that can be done. I suggest that you contact your local legislators and register your concern.

My son was just sentenced to 18 months-10 years for 2 felony crimes and he is only 20. Could you answer a few things for me since I am new to this. He was transferred to SCI Camp Hill 2 weeks ago. How long does it take for them to determine if this will be his home jail? I thought when the judge sentenced him to a state prison that was automatically SCI Camp Hill? Also what does RRRI ineligible mean? I tried to read some other comments about it and still don’t really understand. Im just so confused about all of this. The judge also said something about when he gets to the state prison to get an attorney to try and get his time reduced, whys that? Thanks for taking the time to read this.

It will probably take a few months for them to determine which will be his home jail – SCI Camp Hill is a classification center so the fact that he was sent there means nothing at this point – they could ship him out to any other institution from there. The Judge specifically found that he is not eligible for RRRI, which is a program that can expedite parole and save a substantial amount of incarceration. You should have an attorney review that determination as it would be an illegal sentence if he was in fact eligible for RRRI. This is not a discretionary call for the Judge. I have no idea why the Judge told you to have an attorney try to get a reduced sentence, but I can’t imagine a Judge would say that without a reason. Have someone good look into the case soon as you only have 30 days from the date of sentencing to appeal.

I think Mr. Fairlie is referring to me when he says they just had a situation where there was miscommunication on the Triple RI and I want to let you all know that he is a great lawyer and wonderful at what he does. I found him through this site, hired him and will hire him again. He did not stop until he got exactly what I asked for and needed!!! I can’t say enough good things about him.